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Category Archives: Florida

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No Setoff for FDIC Contract Repudiation Damages Under Placida v. FDIC

Posted in Attorneys Fees and Costs, FDIC & Bank Failures, Florida, States, Uncategorized

When a bank fails and the FDIC repudiates a construction loan—ending further “draws” or disbursements—the borrowers can’t setoff damages they suffer because of repudiation to reduce the amount of debt they owe under the loan. That’s what a panel of judges from the US Court of Appeals for the 11th Circuit decided in Placida v…. Continue Reading

Florida Court Says Limitation of Liability In Consultant’s Contract Is Unenforceable Against Individual Consultant – Part 2

Posted in Economic Loss Rule, Florida, Limitation of Liability and Exculpatory Clauses, Negligence (Architectual and Engineering), States

In recent post, Florida Court Says Limitation of Liability In Consultant’s Contract Is Unenforceable Against Individual Consultant Part -1, we talked about the recent Florida case on limitations of liability in a consultant’s professional services contract – Witt v. La Gorce Country Club, Inc.   In that case, Florida’s Third District Court of Appeal held that… Continue Reading

Florida Court Says Limitation of Liability In Consultant’s Contract Is Unenforcrable Against Individual Consultant – Part 1

Posted in Economic Loss Rule, Florida, Limitation of Liability and Exculpatory Clauses, Negligence (Architectual and Engineering), States

Yesterday, Florida’s Third District Court of Appeals sitting in Miami issued their opinion in Witt v. La Gorce Country Club, Inc. holding that a limitation of liability in a consultant’s professional services contract is unenforceable. The Backstory La Gorce Country Club, Inc. (the "owner") wanted to improve the irrigation of their golf course using reverse… Continue Reading